In what circumstances will counsel receive a contingency fee from the BCSC on a non-contingency basis?
British Columbia, Canada
The following excerpt is from McLean v Cathay Pacific Airways Limited, 2021 BCSC 1456 (CanLII):
In White v. Attorney General of Canada, 2006 BCSC 561 at para. 31, Justice Cullen wrote: In the circumstances, counsel, in taking on the case involving a significant commitment of time and the ongoing payment of disbursements incurred a significant risk to their own economic interests, which if not adequately compensated for, would discourage similar willingness in the bar to take on difficult cases on such a basis in the future. In such circumstances, there is clearly the expectation of a higher fee than in a non-contingency fee basis.
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